RAMNARESH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeals are directed against the concurrent judgments of conviction and award of capital punishment. The Additional Sessions Judge, Pendra Road, District Bilaspur, convicted the four accused (the appellants herein), for offences under Sections 499, 376(2)(g) and 302 read with Section 34 of the Indian Penal Code, 1860 (for short IPC ) and sentenced them vide judgment and order of sentence dated 20 th November, 2007 as follows: Offences Punishment/Sentence 302/34 IPC Award of capital sentence and ordered that they be hanged till death. 376(2)(g) IPC Life Imprisonment and fine of Rs.200/- each. In case of default in the payment of fine, each accused to further undergo an additional rigorous imprisonment of one month each. 449 IPC Ten years rigorous imprisonment with fine of Rs.200/- and in default to undergo additional rigorous imprisonment for one month.

(2.) The Division Bench of the High Court vide its judgment dated 24 th July, 2009 confirmed the judgment and order of sentence passed by the learned Additional Sessions Judge giving rise to the present appeal.

(3.) Learned counsel appearing for the appellant, inter alia, but primarily, has raised the following challenges to the judgments under appeal: